Aurizon Infrastructure Enterprise Agreement 2019

Find your company agreement in the list below and follow the links to see all the details. « For this reason, during the ongoing legal proceedings, we will continue to negotiate in good faith with the unions on the essential and unresolved issues related to the new agreements. At the time of Aurizon`s application, there was a line of jurisdiction established by Vice-President Lawler`s decision in Tahmoor Coal Pty Ltd [2010] FWA 6468 (Tahmoor Coal) and subsequent cases, according to which the focus on productivity promotion should be placed primarily through collective bargaining in good faith and not through other means. such as.B. termination of an expired contract of enterprise. For his action to be successful, Aurizon had to convince the Commission to overthrow this existing power. In addition, the plenary considered that the terms contained in a company agreement cannot be expected to remain unchanged in the long term (especially after a company agreement has passed its nominal expiry date). As a result, Aurizon announced today that it will suspend the termination of the corporate agreements until the hearing. In April 2013, Aurizon began negotiations with the relevant unions on company agreements to replace expiring agreements. There were a total of nine unions (collectively unions), the main actors being these: The plenary also noted that the termination of expired Aurizon`s company agreements would not be contrary to the public interest.

There is nothing inherently incompatible with the termination of an enterprise contract that has passed its nominal expiry date and the continuation of bona fide collective bargaining for an enterprise contract, the full party said. In this context, the plenary session considered that the 12 company agreements should be terminated. On the same day, Commissioner Spencer approved the Company Agreement on Aurizon`s Train Crews and Transport Operations (On-Board Personnel Agreement), the last of three company agreements approved by Aurizon employees and approved by the Commission. However, the unions` approach to collective bargaining was markedly different. The unions no longer insisted on renewal agreements. Instead, Aurizon had reached an agreement in principle with the railway unions on the terms of the traincrew deal in just two weeks. As far as the C&M agreement is concerned, collective bargaining has also progressed, and Aurizon and the unions have moved closer to an agreed position than ever before. ORA is the former genesee & Wyoming Australia company, which was split into Macquarie Infrastructure & Real Assets and PGGM in 2019 as part of the acquisition of Genesee & Wyoming Inc by Brookfield Infrastructure and GIC. Rio has asked for an extension of the agreement for two years.

Perhaps the best conclusion is simply to quote a central paragraph of the Plenary`s decision – one that reflects the position Aurizon had taken throughout its efforts to reach an agreement with the trade unions: Article 226 of the Law states that the Commission must terminate a company agreement if: Aurizon has invested significantly in the rail network and rolling stock infrastructure. Aurizon`s other customers include producers, suppliers and exporters of agricultural and other bulk products, bulk mineral products, intermodal raw materials and services, and iron ore. Aurizon said it would wait for the Rail Tram and Bus Union`s appeal to be heard in federal court before suspending 12 existing company agreements. Aurizon argued that a central part of the Tahmoor Coal reasoning was erroneous in that there was no legal requirement that the promotion of productivity in an enterprise should be achieved primarily through collective bargaining in good faith and not by other means such as termination of an expired contract or other legal means. Yesterday, the Mackay Conservation Group said the railway company had moved away from an infrastructure plan it signed with GVK last year, which called for the construction of a 300-kilometre railway between planned mines in the Galilee and the port. The decision is also generally important for employers who may be engaged in lengthy negotiations on company agreements, but who had previously rejected the possibility of a request to terminate an expired company agreement in light of the previous line of responsibility. Aurizon`s business has been severely affected by these and other limitations and inefficiencies provided for in company agreements. In addition, Aurizon`s ability to respond to changes in its key markets and secure new job opportunities and preserve existing work was also severely curtailed in its tender. « The company agreement is for employees to read at the moment, and we have briefings, » he said.

The plenary noted that the provisions that Aurizon has sought to remove or amend are not general provisions of corporate agreements in general and are provisions that limit Aurizon`s ability to effectively meet its labour needs. During the negotiations, Aurizon sought the agreement of the unions to repeal the essential restrictive provisions of expired company agreements. The unions refused to accept the removal of these provisions, arguing that they essentially wanted a « transfer » of existing terms into new company agreements. After the dismissal request, Aurizon continued negotiations with the unions to reach an agreement on the company`s replacement agreements. The open access infrastructure will serve GVK Hancock`s Alpha, Alpha West and Kevin`s Corner coal projects in the Galilee Basin. Protester Ben Penning said the only way to stop the project was to hurt the project`s funders, including Aurizon pushing for the rail port`s infrastructure, ABC reported. In addition, Aurizon argued that if significant efforts had been made to negotiate alternative agreements and there was little chance of an agreement, it would not be contrary to the public interest to terminate an expired company agreement. Aurizon argued at the hearing that the conditions laid down in Article 226 of the Law were fulfilled and that the Commission was required to terminate the expired agreements between the undertakings.

Aurizon Holdings Limited is an ASX-listed company that provides rail and road freight and infrastructure solutions in Queensland, New South Wales, South Australia, Victoria and Western Australia. The central reasoning in the Tahmoor Coal case was expressly reversed, with the plenary noting that it is not legally necessary for the promotion and provision of productivity benefits at the enterprise level to be obtained primarily or exclusively through bona fide trade negotiations and not by other means. In addition, the plenary noted that the approach to the construction of Article 226 in the manner proposed to Tahmoor Coal results in an assessment of the termination of an enterprise contract that has passed its nominal expiry date, and there is no indication in the articles of association or otherwise that this should be the case. The unions also argued that terminating company agreements would be contrary to the objective of a fair framework for collective bargaining in good faith, undermine collective bargaining in general, and give Aurizon a huge advantage in its negotiations on replacement company agreements. Although the importance of company agreements in regulating working and employment conditions under the Act cannot be refuted, there is nothing in the Law to indicate that the existence of a previously negotiated employment contract necessarily promotes collective bargaining. « Planning and negotiating access to infrastructure often requires long lead times. To keep pace with our exploration and development schedule, we need to act early to ensure access to infrastructure, either through direct means or through side contracts, » said Glenn Simpson, Chief Executive Officer. Queensland-based rail freight operator Aurizon has reached an agreement to acquire One Rail Australia from funds managed by Macquarie Asset Management. .